In a recent case, Bio-Rad Laboratories, Inc. v. 10X Genomics Inc., the Federal Circuit affirmed the district court decision that the “tangentiality” exception to prosecution history estoppel can be used to show infringement under the doctrine of equivalents of an amended claim limitation.
The facts of the case are simple.Continue reading
In the Federal Register Notice published August 3, 2020, the USPTO notified the final rule on fee changes. This final rule is effective from October 2, 2020, except for the surcharge for non-DOCX filings, which is effective from January 1, 2022. As detailed in the Table of Patent Fee Adjustments the final rules includes three types of patent fee adjustments:Continue reading
Pursuant to the CARES Act, and in response to the requests from stakeholders, the United States Patent and Trademark Office (USPTO) is extending the time period for petitioning for certain rights of priority or benefit in a patent application, and waiving the associated petition fee.Continue reading
In a recent case, Actavis Laboratories v. Nalproprion Pharmaceuticals, the Supreme Court denied certiorari to a case which would have clarified the statute 35 U.S.C. § 112(a) lack of written description.
The case arose from a District Court decision that one claim (claim 11) of U.S. Patent 8,916,195 was not invalid for failure to satisfy the written description requirement.Continue reading
The USPTO has updated certain patent related timing deadlines under the CARES ACT.
Click here to read the announcement.
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In accordance with the temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) today further extended the time to file certain patent-related documents and to pay certain required fees.
The USPTO has already extended various deadlines twice, with the latest extension expiring at the end of May, 2020. However, the USPTO recognizes that the COVID-19 pandemic continues to impose various hardships, especially on small businesses and individual inventors. Accordingly, as stakeholders continue to navigate the effects of the pandemic in various ways, and as more and more of them are resuming operations, the USPTO will again extend certain deadlines.Continue reading
On April 28, 2020, the U.S. Patent and Trademark Office (USPTO) announced that certain patent-related documents and certain required fees could be submitted at a later time. These additional extensions apply to deadlines that would have been otherwise due between March 27 and May 31, 2020, and which are now considered timely if submitted by June 1, 2020. The USPTO will continue to evaluate and adjust the situation according to the impact of the pandemic on its operations.
The April 28 notice states that “a person who is unable to meet patent-related timing deadlines due to the COVID-19 outbreak may be eligible for a waiver of certain deadlines.”
The April 28 notice sets forth the deadlines for which relief may be obtained:Continue reading
In the recent case Illumina, Inc. v. Ariosa Diagnostics, Inc., the Federal Circuit found that claims directed to methods of preparing DNA samples for analysis satisfy the patent eligibility requirement of 35 USC § 101.
The patents at issue covered subject matter directed to distinguish and separate the little amount of fetal DNA from the maternal DNA.
As it is now generally known, laws of nature and natural phenomena are not patentable, but applications and uses of such laws and phenomena may be patentable.Continue reading
Due to the COVID-19 Emergency, the United States Patent and Trademark Office (USPTO) has announced extensions (read more here) to the time allowed to file certain patent- and trademark-related documents, as well as payment of certain required fees. These actions are an exercise of temporary authority provided to the USPTO by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed by President Trump on March 27, 2020. Read the press release for more information.Continue reading